Read the full stored bill text
Florida Senate
-
2026
SB 588
By
Senator McClain
9-00461-26 2026588__
1 A bill to be entitled
2 An act relating to local government enforcement
3 actions; creating ss. 125.676, 166.0413, and 189.0645,
4 F.S.; providing legislative findings and intent;
5 prohibiting certain enforcement actions by counties,
6 municipalities, and special districts, respectively;
7 defining the term “enforcement action”; authorizing
8 persons or business entities subject to such actions
9 to submit a request for review; requiring counties,
10 municipalities, and special districts, respectively,
11 to review such actions and respond within a specified
12 time period; requiring counties, municipalities, and
13 special districts, respectively, to establish and
14 maintain rules; authorizing filing of legal action and
15 providing legal remedies in certain circumstances;
16 requiring that such action be filed within a specified
17 time period; providing for certain protections from
18 retaliation; authorizing filing of certain complaints
19 in specified circumstances; providing for preemption;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 125.676, Florida Statutes, is created to
25 read:
26
125.676
Local Government Regulatory Accountability Act.—
27
(1)
LEGISLATIVE FINDINGS AND INTENT.—
28
(a)
The Legislature finds that the economic vitality of
29
this state depends on fair, consistent, and transparent
30
enforcement of local government and special district
31
regulations.
32
(b)
The Legislature further finds that arbitrary or
33
unreasonable enforcement action by a local government or special
34
district, or employees thereof, may impede economic growth,
35
increase costs for housing and business development, and
36
undermine public trust.
37
(c)
It is the intent of the Legislature to establish a
38
uniform standard for regulatory enforcement and create an
39
investigative process and certain legal remedies for a person or
40
business entity subject to an enforcement action under this
41
section.
42
(2)
ACTION PROHIBITED.—A county, including employees
43
thereof, may not initiate or threaten to initiate any
44
enforcement action that is determined to be arbitrary or
45
unreasonable by a court of competent jurisdiction. For purposes
46
of this section, an “enforcement action” means any decision,
47
determination, demand, inspection, citation, order, denial,
48
interpretation, or any other regulatory action undertaken by a
49
county or employees thereof.
50
(3)
PROCEDURES IN RESPONSE TO PROHIBITED ACTION.—
51
(a)
Any person or business entity subject to an enforcement
52
action may submit to the county a request for review of such
53
action. Within 30 days after receipt of a request for review,
54
the county must review the enforcement action and send to the
55
person or business entity making such request a written
56
response.
57
(b)
If a county fails to review and respond to a request
58
within the designated time period under paragraph (a), the
59
person or business entity subject to an enforcement action may
60
file a legal action under subsection (4).
61
(c)
Each county shall establish and maintain rules
62
addressing the review of enforcement actions under this
63
subsection.
64
(4)
LEGAL ACTION AND REMEDIES.—
65
(a)
A person or business entity subject to an enforcement
66
action by a county may file
a legal action
in a court of
67
competent jurisdiction to determine whether such action is
68
arbitrary or unreasonable. Such legal action must be filed
69
within 180 days after the enforcement action. For purposes of
70
this subsection, an enforcement action is arbitrary or
71
unreasonable if the action:
72
1.
Is not supported by applicable law, rule, or adopted
73
policy;
74
2.
Deviates from a prior determination or interpretation
75
without written justification;
76
3.
Unreasonably delays or obstructs lawful development,
77
permitting, or other business activity; or
78
4.
Imposes requirements or conditions not authorized by
79
general law, ordinance, or regulation.
80
(b)
Upon finding that an enforcement action is arbitrary or
81
unreasonable, the court shall:
82
1.
Award reasonable attorney fees and costs to the
83
prevailing plaintiff.
84
2.
Award actual damages not to exceed $50,000 per
85
occurrence.
86
3.
Issue injunctive relief to immediately restrain or
87
enjoin the county, including employees thereof, from engaging in
88
any action in violation of this section.
89
(5)
WHISTLE-BLOWER PROTECTION.—
90
(a)
Any person or employee who discloses in good faith
91
information under this section relating to an arbitrary or
92
unreasonable enforcement action is not subject to retaliation
93
and is afforded protection under the Whistle-blower’s Act.
94
(b)
A prevailing plaintiff in a legal action under
95
subsection (4) may file a complaint in accordance with s.
96
112.31895.
97
(6)
PREEMPTION.—This section is the sole authority for
98
challenges to arbitrary or unreasonable enforcement actions by a
99
county, including employees thereof. Any local ordinance, rule,
100
regulation, or other local policy that prohibits or restricts a
101
county, including employees thereof, from complying with this
102
section, or any rules adopted under this section, is void to the
103
extent of the conflict.
104 Section 2. Section 166.0413, Florida Statutes, is created
105 to read:
106
166.0413
Local Government Regulatory Accountability Act.—
107
(1)
LEGISLATIVE FINDINGS AND INTENT.—
108
(a)
The Legislature finds that the economic vitality of
109
this state depends on fair, consistent, and transparent
110
enforcement of local government and special district
111
regulations.
112
(b)
The Legislature further finds that arbitrary or
113
unreasonable enforcement action by a local government or special
114
district, or employees thereof, may impede economic growth,
115
increase costs for housing and business development, and
116
undermine public trust.
117
(c)
It is the intent of the Legislature to establish a
118
uniform standard for regulatory enforcement and create an
119
investigative process and certain legal remedies for a person or
120
business entity subject to an enforcement action under this
121
section.
122
(2)
ACTION PROHIBITED.—A municipality, including employees
123
thereof, may not initiate or threaten to initiate any
124
enforcement action that is determined to be arbitrary or
125
unreasonable by a court of competent jurisdiction. For purposes
126
of this section, an “enforcement action” means any decision,
127
determination, demand, inspection, citation, order, denial,
128
interpretation, or any other regulatory action undertaken by a
129
municipality or employees thereof.
130
(3)
PROCEDURES IN RESPONSE TO PROHIBITED ACTION.—
131
(a)
Any person or business entity subject to an enforcement
132
action may submit to the municipality a request for review of
133
such action. Within 30 days after receipt of a request for
134
review, the municipality must review the enforcement action and
135
send to the person or business entity making such request a
136
written response.
137
(b)
If a municipality fails to review and respond to a
138
request within the designated time period under paragraph (a),
139
the person or business entity subject to an enforcement action
140
may file a legal action under subsection (4).
141
(c)
Each municipality shall establish and maintain rules
142
addressing the review of enforcement actions under this
143
subsection.
144
(4)
LEGAL ACTION AND REMEDIES.—
145
(a)
A person or business entity subject to an enforcement
146
action by a municipality may file a legal action in a court of
147
competent jurisdiction to determine whether such action is
148
arbitrary or unreasonable. Such legal action must be filed
149
within 180 days after the enforcement action. For purposes of
150
this subsection, an enforcement action is arbitrary or
151
unreasonable if the action:
152
1.
Is not supported by applicable law, rule, or adopted
153
policy;
154
2.
Deviates from a prior determination or interpretation
155
without written justification;
156
3.
Unreasonably delays or obstructs lawful development,
157
permitting, or other business activity; or
158
4.
Imposes requirements or conditions not authorized by
159
general law, ordinance, or regulation.
160
(b)
Upon finding that an enforcement action is arbitrary or
161
unreasonable, the court shall:
162
1.
Award reasonable attorney fees and costs to the
163
prevailing plaintiff.
164
2.
Award actual damages not to exceed $50,000 per
165
occurrence.
166
3.
Issue injunctive relief to immediately restrain or
167
enjoin the municipality, including employees thereof, from
168
engaging in any action in violation of this section.
169
(5)
WHISTLE-BLOWER PROTECTION.—
170
(a)
Any person or employee who discloses in good faith
171
information under this section relating to an arbitrary or
172
unreasonable enforcement action is not subject to retaliation
173
and is afforded protection under the Whistle-blower’s Act.
174
(b)
A prevailing plaintiff in a legal action under
175
subsection (4) may file a complaint in accordance with s.
176
112.31895.
177
(6)
PREEMPTION.—This section is the sole authority for
178
challenges to arbitrary or unreasonable enforcement actions by a
179
municipality, including employees thereof. Any local ordinance,
180
rule, regulation, or other local policy that prohibits or
181
restricts a municipality, including employees thereof, from
182
complying with this section, or any rules adopted under this
183
section, is void to the extent of the conflict.
184 Section 3. Section 189.0645, Florida Statutes, is created
185 to read:
186
189.0645
Special District Regulatory Accountability Act.—
187
(1)
LEGISLATIVE FINDINGS AND INTENT.—
188
(a)
The Legislature finds that the economic vitality of
189
this state depends on fair, consistent, and transparent
190
enforcement of local government and special district
191
regulations.
192
(b)
The Legislature further finds that arbitrary or
193
unreasonable enforcement action by a local government or special
194
district, or employees thereof, may impede economic growth,
195
increase costs for housing and business development, and
196
undermine public trust.
197
(c)
It is the intent of the Legislature to establish a
198
uniform standard for regulatory enforcement and create an
199
investigative process and certain legal remedies for a person or
200
business entity subject to an enforcement action under this
201
section.
202
(2)
ACTION PROHIBITED.—A special district, including
203
employees thereof, may not initiate or threaten to initiate any
204
enforcement action that is determined to be arbitrary or
205
unreasonable by a court of competent jurisdiction. For purposes
206
of this section, an “enforcement action” means any decision,
207
determination, demand, inspection, citation, order, denial,
208
interpretation, or any other regulatory action undertaken by a
209
special district or employees thereof.
210
(3)
PROCEDURES IN RESPONSE TO PROHIBITED ACTION.—
211
(a)
Any person or business entity subject to an enforcement
212
action may submit to the special district a request for review
213
of such action. Within 30 days after receipt of a request for
214
review, the special district must review the enforcement action
215
and send to the person or business entity making such request a
216
written response.
217
(b)
If a special district fails to review and respond to a
218
request within the designated time period under paragraph (a),
219
the person or business entity subject to an enforcement action
220
may file a legal action under subsection (4).
221
(c)
Each special district shall establish and maintain
222
rules addressing the review of enforcement actions under this
223
subsection.
224
(4)
LEGAL ACTION AND REMEDIES.—
225
(a)
A person or business entity subject to an enforcement
226
action by a special district may file in a court of competent
227
jurisdiction a legal action to determine whether such action is
228
arbitrary or unreasonable. Such legal action must be filed
229
within 180 days after the enforcement action. For purposes of
230
this subsection, an enforcement action is arbitrary or
231
unreasonable if the action:
232
1.
Is not supported by applicable law, rule, or adopted
233
policy;
234
2.
Deviates from a prior determination or interpretation
235
without written justification;
236
3.
Unreasonably delays or obstructs lawful development,
237
permitting, or other business activity; or
238
4.
Imposes requirements or conditions not authorized by
239
general law, ordinance, or regulation.
240
(b)
Upon finding that an enforcement action is arbitrary or
241
unreasonable, the court shall:
242
1.
Award reasonable attorney fees and costs to the
243
prevailing plaintiff.
244
2.
Award actual damages not to exceed $50,000 per
245
occurrence.
246
3.
Issue injunctive relief to immediately restrain or
247
enjoin the special district, including employees thereof, from
248
engaging in any action in violation of this section.
249
(5)
WHISTLE-BLOWER PROTECTION.—
250
(a)
Any person or employee who discloses in good faith
251
information under this section relating to an arbitrary or
252
unreasonable enforcement action is not subject to retaliation
253
and is afforded protection under the Whistle-blower’s Act.
254
(b)
A prevailing plaintiff in a legal action under
255
subsection (4) may file a complaint in accordance with s.
256
112.31895.
257
(6)
PREEMPTION.—This section is the sole authority for
258
challenges to arbitrary or unreasonable enforcement actions by a
259
special district, including employees thereof. Any local
260
ordinance, rule, regulation, or other local policy that
261
prohibits or restricts a special district, including employees
262
thereof, from complying with this section, or any rules adopted
263
under this section, is void to the extent of the conflict.
264 Section 4. This act shall take effect October 1, 2026.